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  1. The claimant has already replied and sent the signed Tomlin order onto the court. Do I still need to submit a witness statement? tomlinreply.pdf
  2. Thanks for clarifying this Andy. I'd previously been advised it was always 30 days. Reply from Lowell Solicitors;
  3. Thanks. Hearing is 30th September. I dont yet have a statement to submit. I have contacted the claimant directly and have asked to settle with the original TO, I will update when I have a response.
  4. Is a Tomlin Order still an option here, or am I past that stage and need to agree to a payment plan with Lowell? I have the original Tomlin Order I can sign and send to Lowell as an offer to settle.
  5. I will contact Lowell today and see if I can settle the full amount on a payment plan to stay the claim. My understanding was that if I loose in court, I get 30 days to pay. If I don't, then I get a CCJ. Otherwise nothing is added to my credit history?
  6. Thanks. I've tried to negotiate a settlement a number of times, but have been told that they will only accept the full balance. This is despite sending me an offer of 60% discount last year. I absolutely want to avoid a CCJ. This is the only black mark on my credit history and It will be removed on the 31st October this year. Worse case; if I flat out loose the the case I should be able to pay the full amount within 30 days. I understand this stops the CCJ from being recorded?
  7. Is this a request for the particulars? This is the request from the court scanned again, with cover letters from the claimant. additional info requested.pdf
  8. Particulars attached. I've only included the last page of the statements exhibit as its exactly the same as whats in the witness statement. pARTICULARS_compressed.pdf the advice early on in this process was that huge reductions offered were likely due to the debt being unenforceable. This was later reinforced by the CCA But now it sounds like its pretty unlikely I'm going to win this. Is there anything I can do between now and the court date to negotiate a Tomlin with Lowell, or should I just start saving?
  9. You're right.. although the previous couple of debts I've had we're written off by the lenders as I argued they hadn't done their due diligence and should never have allowed me to open an account (payday loans). This is the first and only that has got this far. Its the only default on my history and 6 years is up on the 31st August (not that any of this is relevant to my defence). So getting back to the Particulars/Witness statement. Particulars do reference and include a copy of the email, but this isn't included in the Witness statement. Either way, this is what i understand; This evidence is also not included in the witness statement, so cannot be presented in court.
  10. particulars.pdf Point #8 refers to an email which is included in the Particulars pack. The Witness statement mentions this same document, but a copy of the email is not included in the witness statement pack.
  11. Good news! The particulars includes evidence of an 'offer to settle' email sent by me after the PAP date. But this is not included in the Witness Statement
  12. OK, yes you're right; there is definitely no exhibit that shows I have admitted anything. I'll double check the order, I'm sure it was 28 days. order.pdf I also have the 'Particulars of Claim', which is very similar to the witness statement but with some differences - Is only the evidence presented in the Witness Statement produced in court?
  13. Unfortunately I cant find the email referenced above. But, I think I did try to settle with them after I received the PAP The court date is 30th September, which gives me until Wednesday to get the defence in.
  14. Its either an outright lie, or they are counting my attempt to settle at 40% as a response to the PAP.
  15. Apologies, In that case then no I did not admit to the debt - I did not formally reply to the PAP. I did make contact with them in an attempt to settle for 40% of the debt (they had offered me this figure previously).
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